Planning Commission Meeting Minutes

Monday, May 2, 2005

 

 

Commissioner Sharon Braun called the regular meeting of the Wayne Planning Commission to order at 7:30 p.m., on Monday, May 2, 2005 in the Council Chambers of the Wayne Municipal Building.  Roll call was taken with the following members present:  Darrell Miller, Kelby Herman, Kyle Nelson, Randy Brenner, Pat Melena, Don Endicott, Mark Ahmann, Chair Sharon Braun, and Chief Inspector/Planner George Ellyson.  Absent:  Vicki Pick.

 

Motion made by Commissioner Endicott and seconded by Commissioner Miller to approve the minutes of Monday, April 4, 2005 as presented.  Chair Braun stated the motion and second.  Commissioner Miller – approve; Commissioner Herman – approve; Commissioner Nelson – approve; Commissioner Brenner – approve; Commissioner Melena – approve; Commissioner Endicott – approve; Commissioner Ahmann – approve.  All were in favor; motion carried and minutes were approved.

 

Inspector Ellyson informed the Commission that a Use by Exception will be coming before them presented by the Wayne Area Habitat for Humanity.  Given their short window of construction time, Wayne Habitat is asking for Use by Exception to build a townhouse on a lot that has been donated to them.  Inspector Ellyson was asking the Commission for a special meeting to be held on Monday, May 16 at 7:30 pm to hear the Use by Exception.  Inspector Ellyson stated that at least five members need to be present.  Consensus of the Commission was to set a public hearing for Monday, May 16 at 7:30 p.m.

 

Chair Braun stated the next agenda item was the discussion of amending the Wayne Municipal Code Section 90-10 Definitions, Section 90-144 Exceptions A-2 district, Section 90-354 Exceptions B-1 district, and Section 90-484 Exceptions I-1 district all relating to kennels.

 

Inspector Ellyson stated that this request comes before the Commission at the request of City Administrator Lowell Johnson.

 

City Administrator Lowell Johnson was present at the meeting to discuss this issue.  Administrator Johnson stated for the Commission that there is a gentleman who has some dogs located at the last property, on the east side, just before crossing the Logan Creek Bridge heading south.  This property owner has some male and female dogs. They raise a litter either every year or every other year.  No one has complained about this particular owner; however when Council passed the dog and cat limit of no more than 4 dogs or cats per household, this property owner is now in violation of the code.  The code further states that in order to have more than four, a kennel license must be obtained. 

 

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Administrator Johnson stated that what he had proposed before the Commission was fairly simple.  The language defines what a kennel and boarding kennel is.  Administrator Johnson stated that he did not set a limit on the number of dogs, as he felt the further out of town they were, the less one tends to care about the number of dogs. 

 

Commissioner Miller questioned if this property owner had two acres.  Administrator Johnson stated that he did not set a limit on the number of acres.

 

Inspector Ellyson stated that in the A-2, two acres is needed and this particular property owner has 2.7 acres, approximately.

 

Commissioner Ahmann questioned how the veterinary clinic would be classified, would they be considered a boarding kennel, and if so are they licensed.  Administrator Johnson stated that they would be considered a boarding kennel and was unsure if they were licensed. 

 

Chair Braun asked for any further questions.

 

Commissioner Miller questioned if this property owner was in violation if they would wait another month. 

 

Administrator Johnson stated that he informed the Police Dispatchers to license the dogs, as this process may take some time to complete.

 

Chair Braun asked if it would be appropriate to add more than four cats, as well as, more than four dogs to the language. 

 

Commissioner Melena questioned if someone has more than four dogs, irregardless of the purpose, do they need a kennel license and if someone has one dog they intend to use for breeding, do they need a license.  Inspector Ellyson stated that is how he would interpret the language. 

 

Administrator Johnson stated that the current code addresses one dog kept for breeding purposes so that is the reason why he included it in the language.

 

Commissioner Braun stated that if it is not a problem, she would like to see the word "cat/cats" included wherever there is "dog/dogs".

 

Administrator Johnson stated that there is a section of the code on animal welfare, and that was also split into a section on dogs and one on cats.

 

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Inspector Ellyson stated that within the language which identifies a Class 1, 2, or 3 feedlot; they identify animal units and chickens for instance takes 20 to equal one cow.  Inspector Ellyson was asking, does two cats equal one dog or vise versa.

 

Administrator Johnson noted that when Council was working on the ordinance last year, they say one cat equals one dog.

 

Chair Braun stated that the next item on the agenda was the discussion of amending the Wayne Municipal Code by adding Article Seven, Division Six, Affordable Housing Planned Unit Development.

 

Administrator Johnson stated that he would give the Commission a broad concept as to why the City is looking into such an idea. There has been some discussion over the last few years regarding population trends and what is happening with the future labor markets in Wayne.

 

The concept presented by Administrator Johnson is the result of some discussions with local builders.  The goal of this concept plan is either a target price per lot or a target price per mobile home site.  Administrator Johnson noted that the legal signers of the concept plan is the City Council. 

 

Administrator Johnson explained that for example if a lot is for sale at $8,000 per lot and you wanted to bring in a couple double wide manufactured homes and set them on a basement or perimeter foundation; it would be similar to Cityside, only the lots would be bigger and they would be owned not rented.  It would need to be a perimeter foundation/basement and not a chassis so that it would be taxed and have some equity value as real estate.

 

Administrator Johnson explained the Community Development Agency process and the Tax Increment Financing process to the Commission.  Administrator Johnson further stated for the Commission that Woehler and Wriedt were both interested in taking some of their trailer courts; Lage was also interested in using some of his auction area; and Cityside is also watching this process.   This process allows the developer to come and make a request for so many lots to be developed.  The concept is you set a price and then work backwards from there.  The Council has seen the proposed concept but they have not discussed it yet.

 

Inspector Ellyson stated that a PUD (Planned Unit Development) already exists in the municipal code and that the last one was for the Oaks Retirement area.

 

 

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Commissioner Brenner questioned if someone could take advantage of the TIF process and this as well.  Administrator Johnson stated that a developer could take advantage of both.

 

Inspector Ellyson noted that he had not read the entire proposed concept written by Administrator Johnson and compared it with the current PUD in the municipal code.  However, Inspector Ellyson encouraged the Commission to do just that and identify what is written there and what is written in the draft language prepared by Administrator Johnson.

 

Inspector Ellyson noted that the city does not allow for developments within the city of Wayne, unless the streets are paved.

 

Commissioner Miller opined that he works within the housing industry and there is much discussion about affordable housing.  There can be discussion about keeping the lot prices down and keeping the cost of housing down, but the key always is that people do not have the down-payment money.  Commissioner Miller opined that help is needed with the financing for these people.

 

Administrator Johnson pointed out the three mobile home courts – Wriedts', Woehlers', and Lages'. Administrator Johnson asked the Commission to look at the Lage property and the proximity to the lagoon and the houses that are currently there. There are those people who feel this is a really good opportunity there, if it is not too close to the lagoon.  Whatever happens there would need to come before the Commission, as the land is currently zoned Industrial and it is not located within the city limits.  If anything starts moving in this area, the Commission will need to ask themselves is this a place where housing will work and will people buy lots.

 

Chair Braun questioned if Lage's property were to be considered, would the city want to annex the land.  Administrator Johnson stated the city would.

 

Chair Braun asked for any further discussion, there being none, Chair Braun moved onto the next discussion item regarding potential amendments to the Wayne Municipal Code Zoning Districts B-1, B-2, and B-3.

 

Inspector Ellyson stated that at the last meeting, general discussion did not focus on any particular point, so the Commission was asked to think about and consider and bring forward items they felt were conditions that should be applied to the language.

 

 

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Chair Braun opined that she did not write anything down specific, but that she had been doing a lot of thinking on this issue and that she is still fifty – fifty on the big box issue whether there should be something in the code that would set forth the requirements of so many square feet, in this district, certain percentage of brick.  Chair Braun opined that she did not know if it would be a benefit or a detriment to the community. 

 

Commissioner Endicott opined that one needs to ask themselves what kind of community they want to live in. What kind of retail do you want to bring into the community and what kind of effect will that retail have on the community.  Commissioner Endicott opined that is one reason why something should be in place so that there is some kind of control of what is going to happen within the community.

 

Chair Braun opined that if they make things too restrictive within the two-mile zoning jurisdiction, that the company will just build three miles out of town where there is no county zoning. 

 

Commissioner Endicott questioned what the Commission can do so that they have the power within the county or to have the county go along with them to make that decision.

 

Commissioner Brenner opined that the large retailer knows they will have some opposition and that the retailer is here for dollars and can they make enough money if they build in the area.  There is a limit as to how many loops can be jumped through, but that the Commission is foolish if they do not put some criteria in the code to give them some limits to work with.  Commissioner Brenner opined that it would be in the best interest of the city to have something in place.

 

Commissioner Ahmann opined that the retail businesses are going to take a hit next summer and it will take a lot of public relations work and planning when Main Street is torn up all summer.  Commissioner Ahmann further opined that he is looking further down the road and wonders what will happen with Highway 35.  If his information is correct, the highway will by-pass Wayne either north or south within one or two miles.  Commissioner Ahmann opined that this might be another great deterrent to the retail business and the way it currently exists right now.  Commissioner Ahmann posed the question do you not think the people in the big retail are not on top of this thing right now, looking that if Highway 35 is going to be two miles north of Wayne, are they not looking at property out there and get ahead of the game.  Commissioner Ahmann opined that if the highway by-passes, and if the city restricts the business to so many square feet, that won't make any difference to the retailer if it is in city limits.  If the highway is going to

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be two miles north or south, the retailer will not build in what is deemed the downtown business section of Wayne.  Commissioner Ahmann opined that this discussion item ties in with the issue of affordable housing.  Commissioner Ahmann opined why should the Commission be apprehensive about doing something.  Commissioner Ahmann suggested moving forward on this discussion item and write some language and present it to the City Council.

 

Commissioner Miller questioned if an impact study is included, can they still keep the retailer from coming into Wayne.  Inspector Ellyson stated that no they could not. 

 

Commissioner Endicott opined that in the information he has gathered, the retailers want an impact study because it says in the studies, that if it is not appropriate for the community, then the city could deny them. 

 

Commissioner Brenner noted that he thought the impact study was a means for the Council to say no that the retailer could not come in; it was like a deal-breaker.

 

Commissioner Miller opined if they cannot keep an adult bookstore out of town, how can they keep a big box store out of town.

 

Inspector Ellyson opined that by leaning more towards an impact study that could be more of a municipal code issue rather than this side of the zoning.

 

Inspector Ellyson stated that the zoning language expressly states if it is a legal use, if you don't provide a place for it, then the use can go in a zoning area where other similar uses are permitted.  For example, a retailer/grocer where those existing uses are located, the city cannot restrict them based on size, but the city can provide a place that the size is appropriate. 

 

Commissioner Endicott opined that generally when cities get sued over this, the city states that their comprehensive plan did not want this type of retail and they are just following their comprehensive plan which was approved by the public.  Commissioner Endicott opined that from what he has been reading, the comprehensive plan basically makes the ordinance legal.

 

Commissioner Brenner questioned if the city attorney's office should be looking at this as well and guiding them.

 

Inspector Ellyson stated for the Commission that the city attorneys were invited to the meeting; however, they both had extenuating circumstances and could not

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make the meeting, but that Attorney Connolly is planning on attending the June 6 meeting.

 

Chair Braun questioned if Inspector Ellyson knew anyone in Columbus that he could visit with, as she had noticed a new Super Wal-Mart had been built there and the front of the store looked impressive.

 

Chair Braun directed Inspector Ellyson to gather information from Columbus, Seward, York, Hastings, Yankton, and Grand Island to see if these communities had any conditions.

 

Commissioner Endicott questioned within the immediate city limits how many places are there that are at least ten acres.  Inspector Ellyson stated that there are possibly two places located near the new fire hall.  Any other areas would be located directly out of the city limits. 

 

Chair Braun stated that once you get out of the city limits but within the two-mile zoning jurisdiction, there are multiple places of ten acres or more.

 

Inspector Ellyson noted that anything exterior of the corporate limits is zoned either A-1 or A-2, except the Industrial Park and Inspector Ellyson thought retail is not a permitted use in the Industrial zoning districts.

 

Commissioner Herman opined that the way the zoning is set up currently, the Commission would not need to change anything; there is not a place for them to build.

 

Inspector Ellyson stated that there is some industrial exterior of the city limits.

 

Commissioner Endicott opined that at least an impact study is needed, along with the 40,000 square foot requirement.

 

Commissioner Brenner questioned does an impact study truly do anything in the end?  If an impact study comes back bad for the community and they do it anyway, the city needs to know for sure if they can do that anyway.

 

Commissioner Miller questioned if they set a limit on the square footage, would the retailer have to come back for an exception to make it bigger, and then before they could get an exception, an impact study would be required and if the impact study came back in a negative way, is this where you can stop them?

 

 

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Inspector Ellyson opined that this is one of the uses of the conditions for granting the exception. Conditions are there and are placed on things that the Commission and Council want them (the applicant) to do.

 

Chair Braun questioned if this is allowed in a B-1, B-2, and B-3 zone, there are only two potential areas where it would be allowed.  Inspector Ellyson stated that even those two areas within the city limits are not zoned properly.  Chair Braun noted that retail is not a permitted use in the A-1 or A-2 zones, along with the Industrial zones, which covers the two-mile zoning jurisdiction.  So if a place is provided in the B-1, B-2, and B-3 zone and a big box business needs ten acres to exist, then could the city be challenged if they purposely put them in a B-1, B-2, and B-3 zone because the city knew there was no place available for them.

 

Commissioner Herman opined that the retailer could buy thirty houses, if it was worth it to them.

 

Inspector Ellyson noted for the Commission, that they do not need to create a marketable place for them to build.  The conditions cannot be so stringent that it disallows the use.

 

Commissioner Ahmann read an article related to the community of Bennington, Vermont regarding conditions placed on large retail stores.  Commissioner Ahmann opined that something needs to be presented to the City Council or the discussion item should be dropped.

 

Inspector Ellyson noted for the Commission that he would consider any and all information from other communities regarding setting conditions for use by exceptions.  Inspector Ellyson questioned if the Commission would want this item to come before them as a discussion item one more time before setting a public hearing.  Consensus of the Commission was to discuss the item one more time before setting a public hearing.  Inspector Ellyson noted for the Commission that July 11 would probably be the next available date that he could provide information to the Commission for discussion.

 

Consensus of the Commission was to place the large retail discussion item on the agenda for the July meeting as an update.

 

Chair Braun asked for any further discussion, there being none, motion made by Commissioner Miller and seconded by Commissioner Melena to adjourn.  Chair Braun stated the motion and second.  All were in favor; motion carried unanimously; meeting was adjourned.